ORDINANCE 1886-2014 AN ORDINANCE PROVIDING FOR CLOTHING DONATION BINS WITHIN THE TOWNSHIP OF GALLOWAY WHEREAS, the regulation

of clothing donation bins by the Township of Galloway is appropriate in order to inform donors of the likely destination and possible beneficiaries of their donated items; and WHEREAS, Township registration of clothing donation bins is necessary and appropriate in order to protect the public interest; and WHEREAS, pursuant to N.J.S.A. 40:48-2.60 et seq. the Township of Galloway is authorized to regulate the placement of clothing donation bins within the Township. NOW BE IT THEREFORE ORDAINED by the Township Council of the Township of Galloway, County of Atlantic, State of New Jersey, as follows: SECTION 1. The Code of the Township of Galloway is hereby amended to include a Chapter 148 entitled Clothing Donation Bins to read as follows: SECTION 148-1. Notwithstanding any other provision of law to the contrary, no person shall place, use, or employ a clothing donation bin within the Township for solicitation purposes unless all of the following requirements are met: A. The clothing donation bin is owned or sponsored by a charitable organization registered pursuant to P.L. 1994, c. 16 (N.J.S.A. 45:17A-18 et seq.) B. The registered charitable organization has obtained a permit, valid for a twelve-month period, from the Townships Zoning Officer in accordance with the following: 1) In its application for such a permit, the registered charitable organization shall indicate: a. The location where the bin is currently situated or proposed to be situated; b. The manner in which the charitable organization anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed and the method by which the proceeds of collected donations would be allocated or spent;

c. The name and telephone number of the bona fide office of the charitable organization and any entity which may share or profit from any clothing or other donations collected via the bin; and d. Written consent from the property owner to place the bin on its property. 2) The Zoning Officer shall not grant a permit to place, use, or employ a clothing donation bin if it determines that the placement of the bin could constitute a safety hazard. The Zoning Office shall consult with the Police Department regarding any potential safety hazards. Such hazards shall include, but not be limited to, the placement of a clothing donation bin within 100 yards of any place which stores large amounts of, or sells, fuel or other flammable liquids or gases. 3) No clothing donations bins shall be placed on Township owned property. 4) No clothing donation bins shall be placed within 100 yards of school owned property (District, Regional, or privately owned schools). 5) No clothing binds shall be placed anywhere that is determined to be a safety hazard by the Police Department, including but not limited to road easements and traffic entrance or entrance sight lines. [Disussion: No clothing bins shall be placed within 100ft of a public roadway] 6) The Zoning Officer shall impose a fee for such application, in the amount of $25.00 annually for each bin to offset the costs involved in enforcing this Chapter. 7) An expiring permit for a clothing donation bin may be renewed upon application for renewal and payment of the applicable annual fee. Such application for renewal shall include information detailing: a. The location where the bin is situated, and, if the person intends to move it, the new location where the bin would be situated after the renewal is granted and written consent from the property owner to place the bind on its property; b. The manner in which the charitable organization has used, sold, or dispersed any clothing or other donations collected via the bin; the method by which the proceeds of collected donations have been allocated or spent; and any changes the charitable organization anticipates it may make in the processes during the period covered by the renewal; and

c. The name and telephone number of the bona fide office of the entity which shared or profited from any clothing or other donations collected via the bin and of any entities which may do so during the period covered by the renewal. 8) The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the clothing donation bin in addition to the information required pursuant to Section 148-1d of this section. C. The registered charity, and any other entity which may share or profit from any clothing or other donations collected via the bin, maintains a bona fide office where a representative of the charitable organization or other entity, respectively, can be reached at a telephone information line during normal business hours for the purpose of offering information concerning the charitable organization or other entity. For the purposes of this subsection, an answering service unrelated to the charitable organization does not constitute a bona fide office. D. The following information shall be clearly and conspicuously displayed on the exterior of the clothing donation bin: 1.) The name and address of the registered charitable organization that owns or is the sponsor of the bind, and of any other entity which may share or profit from any clothing or other donations collected via the bin; 2.) The registered charitable organizations charitable registration number; 3.) The telephone number of the registered charitable organizations bona fide office and, if applicable, the telephone number of the bona fide office of any other entity which may share or profit from any clothing or other donations collected via the bin. 4.) In cases when any entity other than the entity which owns the bin may share or profit from any clothing or other donations collected via the bin, a notice, written in a clear and easily understandable manner, indicating that clothing or other donations collected via the bin, their proceeds, or both, may be shared or given entirely to, an entity other than the entity which owns the bin, and identifying all such entities which may share or profit from such donations; and 5.) A statement, consistent with the information provided to the Township in the most recent permit or renewal application indicating the manner in which the entity anticipates any clothing or other donations collected via the bin would be used, sold, or dispersed, and the method by which the proceeds of collected donations would be allocated or spent.

SECTION 148-2.

Duty to Maintain and Service Bins.

It shall be the duty of each registered charitable organization issued a permit hereunder to properly maintain and service any clothing donation bin placed within the Township so as to prevent such clothing bin from creating any nuisance, hazardous or unsafe condition. SECTION 148-3. Enforcement and Limitation on Licenses.

The Zoning Officer or other person designated by the Township Council as a person authorized to enforce the provisions of this section shall, upon receipt of a complaint by a local resident or any other person that a clothing donation bin is causing a nuisance, hazardous or unsafe condition, investigate such complaint and take such enforcement action as is permitted pursuant to N.J.S.A. 40:48-2.62 and N.J.S.A. 40:48-2.63. SECTION 148-4. Violations, Penalties and Revocation of License.

Any licensee who violates any provision of this section and fails to cure such violation within 48 hours of notice of such violation shall be subject to the following penalties, in addition to those penalties and remedies set forth in N.J.S.A. 40:48-2.62 and 40:48-2.63: (1) For the first offense: $100.00 per day. (2) For the second offense: $250.00 per day. (3) For the third offense: revocation of permit. SECTION 148-5. Exemption.

SECTION 2. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 3. The Ordinance shall take effect upon final passage, approval and publication as provided by law. SECTION 4. To the extent that any part or parts of this ordinance are repealed or otherwise modified or voided by the State Statute or case law, the remaining sections of this ordinance shall remain in full force and effect. NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed first reading at a regular meeting of the Township Council of the Township of Galloway, County of Atlantic and State of New Jersey, held on the 25th day of March, 2014 and said ordinance will be further considered for final passage and adoption and the public hearing held thereon at a regular meeting of the Township Council to be held in the Municipal Building, 300 E. Jimmie Leeds Road, Galloway, NJ 08205, on the 8th day of April, 2014 at 6:30 pm.

BY ORDER OF THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF GALLOWAY ___________________________ Thalia C. (TC) Kay, RMC Township Clerk

Recorded Vote: Coppola Gargione Gorman Maldonado Meadows Tyrrell Purdy

MOTIONS

AYE

NAY

ABSTAIN

ABSENT

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